HomeMy WebLinkAbout20040120 Ver 1_Complete File_20040121c-r Garoiire ?e?ar.-,en: c. Environment an-- Np%,?
Alan W. Klimek, P.E. Director
Division of Water Quality
T
DWQ Project No.: Q 01 D Countv:
Applicant: L
Project Name: -AN 7,
Nate of Issuance of 401 Water Quality Ce.-tificC2tion:
Certificate of Completion
upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands 'Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification.
1, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
''- , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this p oject was designed by a Certified Professional
L lJie/I??ie , as a duly registered Professional (i.e.,
Bngineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly; full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials. .
Signature Registration No. Date 10
North Carolina Division of Water Quality, 401 Wetlands Cartlflcation Unit,
1650 Mail Service Center. Raleigh, NC 27699-1.650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httn://h2o.enr.state.nc.us/ncwetlands/
Vi?Al
OtO? W A T FR
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 20, 2004
Caldwell County
DWQ Project No. 040120
SR 1306 (John Bryant Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
WFPANDS i 401 GROUP
MAR ? "1.004
U1 A1.1TY ,SF"CTi0 ,;V
You have our approval, in accordance with the attached conditions and those listed below, to impact 85 linear feet of
six (6) unnamed tributaries to Greasy Creek (40 feet of new pipe, 45 feet of riprap) and 0.09 acres of wetlands in order
to make improvements to NCSR 1306 (John Bryant Road) in Caldwell County. The project must be constructed in
accordance with the application dated January 16, 2004 (received January 21, 2004), including the environmental
commitments made in the application letter. After reviewing your application, we have decided that this till is covered
by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide
Permit Number 14. In addition, you must acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 Permit unless otherwise specified in the Water
Quality Certification.
This approval is valid solely for the purpose and design described in your applicanuu (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If-the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts
to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
water standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina .Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
J(. Hl, 2X36 ;:11c(lEr > >s, ... 1 _ . `, 1-`1 8,1_'<t 2,51 .45.,
Mr. Mike Pettyjohn, P.E.
February 20, 2004
Page Two
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
4. Due to the presence of the 303 (d) - listed stream, NCDOT shall strictly adhere to North Carolina regulations
entitled, Design Standards in Sensitive Watersheds (15A NCAC 4B .0124 (b) and (e) only) for the entire project
corridor. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of
ground-disturbing activities to provide long-term erosion control. Erosion control matting should be used in
riparian areas instead of straw mulch.
5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
6. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site
for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow.
7. Where fish passage is present or where significant aquatic life may be present upstream (and where practicable),
culverts should be oversized and buried to prevent perched culverts. If oversized piping cannot restore aquatic life
passage by reconnecting the stream ecosystem, riprap installation should be accomplished in a manner to provide
or restore water channels downstream to help facilitate aquatic life movement.
8. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater
than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in
the culvert following installation and to provide aquatic life passage during periods of low flow. 'these
measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced,
and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow
through without freefalling or damming on either end of the culverts during low flow conditions, to maintain
aquatic life and/or fish passage.
9. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified by
widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored
to natural geomorphic conditions.
10. Any riprap used must not interfere with aquatic life passage during low flow conditions.
11. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will
lessen the chance of altering the stream's water chemistry and causing a fish kill.
12. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
14. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts.
15. All work shall be performed during low flow conditions.
16. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion"
form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible
party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality
upon completion of the project NCDOT is strongly advised to send in photographs upstream and downstream of
each structure to document correct installation.
Mr. Mike Pettyjohn, P.E.
February 20, 2004
Page Three
if you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the Asheville
Regional Office at 828.251.6208.
Sincerely, ?/2' pa-
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Heath Slaughter, Division 11, DEO
John Thomas, USACE Raleigh Field Office
Wetlands/401 Unit
Mike Parker, NCDWQ Asheville Regional Office
Central Files
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..
t
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 27611-5202
GOVERNOR PHONE: 919-733-2520
January 16, 2004
Mr. John Thomas
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Rd, Suite 120
Raleigh, NC 27615
Subject: Nationwide Permit 14
SR 1306 (John Bryant Rd)
Caldwell County, North Carolina
Project Number: 11C.014049 (DWQ Permit Fee: $200.00)
Dear Mr. Thomas:
LYNDO TIPPETT
SECRETARY
T1 I k'
CUB
1? ? ?::ullQ?
The purpose of this letter is to notify you of the fact that a 0.87 mile section of SR 1306 (John Bryant Rd) in
Caldwell County is scheduled to be widened and paved by the NC Department of Transportation (DOT) (see Site
Vicinity Map). The location of the roadway will not change substantially, but will be widened from approximately
16 feet to 20 feet. Consequently, the impervious surface of the roadway will increase 0.42 acres. This project will
require the replacement of six (7) culverts carrying six (6) different tributaries to Greasy Creek (Class: C) and 0.09
acres of wetland fill as outlined below. Therefore, we are requesting that you respond to the attached Pre-
construction Notification Form (PCN) and confirm that the proposed activity is permitted under the Nationwide
Permitting system.
Station
# Type of Impact NW
# Existing
Pipe Proposed
Pipe Channel ID Rip
Rap
ft. Piping
Impact
ft. JW
Impact
14+10 Pie 14 30'x18" 40'x18" UT 1 Grcasv Creek 10 10 0.00
*27+90 Pie 14 40'x24" 50'x36" UT 2 Greasv Creek 0 0 0.00
35+10 Pi 14 30'x24" 40'x36" UT 3 Greasy Creek 10 10 0.00
*41+05 Pie 14 40'x24" 50'x36" UT 4 Greasy Creek 0 0 0.00
41+40-43+60 JW Fill 14 0.09
44+70 Pie 14 30'x24" 40'x36" UT 5 Greasy Creek 10 10 0.00
45+00 Driveway Pie 14 20'x15" 20'x24" UT 5 Greasy Creek 5 0 0.00
45+55 Pipe 14 30'x24" 40'x36" UT 6 Greasy Creek 10 10 0.00
*The channels at pipe numbers 2 and 4 have previously been piped above and below the roadway to Greasy Creek.
Since we will be extending our pipes into streams that have already been pipe by property owners, impacts in these
two areas have not been included in the impact total.
This project area was surveyed for the presence of threatened and endangered species on January 12, 2003. No
federally protected species or critical habitat was identified.
P. O. Box 250, N. WILRESnORO, NC 28659
PHONE (336)667-9111 FAX (336)6674549 ?
Mr. John Thomas
SR 1306 (John Bryant Rd)
Page 2
January 16, 2004
The NCDOT Historical Architecture Section has not reviewed this project.' If necessary, historic compliance work
will be scheduled and concurrence with the State Historic Preservation Office (SHPO) will be obtained.
The attached construction plan illustrates that the proposed environmental impacts have been minimized to the
maximum practical extent allowed by roadway safety standards. By implementing the NC-DOT Best Management
Practices (BMP's) during construction, the potential impacts associated with adverse weather will also be
minimized. Furthermore, the completed project will certainly reduce sedimentation currently caused by gravel
road run-off and ditch maintenance.
Seven (7) copies of this letter and PCN have been forwarded to Cynthia Van Der Wiele of the NC DENR, Division
of Water Quality for her review, and one (1) copy has been forwarded to Ron Linville of the NC Wildlife Resource
Commission. It is requested that their responses be mailed to our offices concurrently.
If you have any questions about the project, please contact me at (336) 903 9223, or by email at
(SDRoberts@dot.state.nc.us).
Sincerely,
A.Z.
Steve Roberts
Division Environmental Specialist
Cc:
John Thomas, US Army Corps of Engineers (2 Copies)
Cynthia Van Der Wiele, Division of Water Quality (Raleigh) (7 copies)
Mike Parker, Division of Water Quality (Asheville) (Courier)
Mike Pettyjohn, PE, Division Engineer
Kipp Turner, PE, District Engineer
Michael Poe, County Maintenance Engineer
Heath Slaughter, Division Environmental Officer
Neil Trivette, Roadside Environmental Field Operations Engineer
Ron Linville, Wildlife Resources Commission
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of Transportation
Mailing Address: P. O. Box 250, North Wilkesboro NC 28659
Telephone Number: (336) 903-9223 Fax Number: (336) 903-9239
E-mail Address: sdrobertsndot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
Page 3 of 11
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1306, John Bryant Rd.
2. T.I.P. Project Number or State Project Number (NCDOT Only): 11C.014049
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Caldwell Nearest Town: Lenoir
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): See attached Site Vicinity map.
5. Site coordinates, if available (UTM or Lat/Long):
Beginning: 35.9187641 °N 81.5701806 0 W
End: 35.9289161 ON, 81.5707719 °W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential / Agriculture
7. Property size (acres): Approximately 5.27 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Greasy Creek (Class: C)
9. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The River
Basin map is available at http:/ih2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Grade, drain, base and pave.
11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, dump
trucks and motor grader.
12. Describe the land use in the vicinity of this project: Residential/Farm
Page 4 of I 1
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
41+40-43+60 Fill 0.09 No 10 Ephemeral Wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http'//ww%v.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested Nvetland, beaver pond,
Carolina Bay, bog, etc.)
Page 5 of I I
List the total acreage (estimated) of existing wetlands on the property: 0.15
Total area of wetland impact proposed: 0.09
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact (linear
feet)
Stream Name** Average
Width of
Stream Before
Impact
feet
Perennial or
Intermittent?
(please specify)
Station No. 14+10 Pipe Replacement 10 UT# I Greasy Creek 1 Perennial
Station No. 14+10 Rip Rap 10 UT## I Greasy Creek 1 Perennial
Station No. 27+90 Pipe Replacement 0 UT# 2 Greasy Creek 2 Perennial
Station No. 27+90 Rip Rap 0 UT# 2 Greasy Creek 2 Perennial
Station No. 35+10 Pipe Replacement 10 UT# 3 Greasy Creek 2 Perennial
Station No. 35+10 Rip Rap 10 UT# 3 Greasy Creek 2 Perennial
Station No. 41+05 Pipe Replacement 0 UT# 4 Greasy Creek 2 Perennial
Station No. 41+05 Rip Rap 0 UT## 4 Greasy Creek 2 Perennial
Station No. 44+70 Pipe Replacement 10 UT## 5 Greasy Creek 2 Perennial
Station No. 44+70 Rip Rap 10 UT# 5 Greasy Creek 2 Perennial
Station No. 45+00 Pipe Replacement 0 UT## 5 Greasy Creek 2 Perennial
Station No. 45+00 Rip Rap 5 UT# 5 Greasy Creek 2 Perennial
Station No. 45+55 Pipe Replacement 10 UT# 6 Greasy Creek 2 Perennial
Station No. 45+55 Rip Rap 10 UT# 6 Greasy Creek 2 Perennial
Refer to the cover letter for a more detailed outline of the proposed impacts.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., vyw.topozone.com,
N%i v.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 85 In. 11..
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
Page 6 of 11
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The existing roadway oadway must be widened to achieve an acceptable section width thus increasing
public safety. The existing pines must be replaced for the same reason By utilizing
the erosion control measures as shown in the attached drawings adverse impacts to streams to
the area will be minimized The replacement pipe lengths will be the minimum needed to safely
construct the widened roadway.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
Page 7 of 1 I
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o enr state nc u-,/ncwetiands/strm-gide.htmi.
I. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at littp://h2o.enr.stite.nc.uS/NNTP/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Page 8 of 11
.
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss storm-water controls proposed in order to protect surface waters and wetlands
downstream from the property.
Impervious surface area will increase by 0.42 acres All appropriate best management practices
for sediment and erosion control will be implemented during construction.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Page 9 of 11
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
-/ ? - 6
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Page 10 of 11
WETLAND DATA FORM
(1987 COE Wetlands Delineation Manual)
Project/Site: SR 1306 John Bryant Rd
Applicant/Owner: NC DOT
Investigator: Heath Slaughter, Steve Roberts
Yes No
Do normal circumstances exist on the site? ?
Is the site significantly disturbed? ® ?
(A typical situation)?
Is the area a potential problem area? ?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum
1.Juncus effusus Herb
2.Carex sp. Herb
3.Festuca sp. Herb
4.
5.
6.
7.
8.
Date: 01/12/04
County: Caldwell
State: NC
Community ID: Ephemeral Wetland
Transit ID:
Plot ID:
Indicator Dominant Plant Species
FACW+ 9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 100%
Remarks:
The landower has installed a green house frame over the wetland and is attempting to propogate potted
plants inside the wetland boundry.
HYDROLOGY
? Recorded Data (describe in remarks)
? Stream, Lake or Tide Gauge
? Aerial Photographs
? Other
NC No Recorded Data Available
Field Observations:
Depth of Surface Water: NA (in.)
Depth to Free Water in Pit: 12 (in.)
Depth to Saturated Soil: I (in.)
Wetland Hydrology Indicators:
Primary Indicators:
? Inundated
® Saturated in Upper 12 Inches
? Water Marks
? Drift Lines
? Sediment Deposits
? Drainage Patterns in Wetlands
Seconda ry Indicators: (2 or more required)
® Oxidized Root Channels in
Upper 12 Inches
? Water-Stained Leaves
® Local Soil Survey Data
® FAC Neutral Test
? Other (explain in remarks)
Remarks:
W Ldata.frm
SOILS
Map Unit Name
(Series and Phase): Chewacla loam
Taxonomy (Subgroup): Fluvaquentic Dysrochrepets
Drainage Class: somewhat poorly
Field Observations
Confirm Mapped Type? Yes
Profile Description:
neptl,
(ins.) Horizon
0-8 Ap
d 8-12 Bwl
Matrix Color Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
10 Y/R 4/2 loam
10 YR 5/1 loam
Hvdric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
N Aquic Moisture Regime
N Reducing Conditions
N Gleyed or Low-Chroma Colors
? Concretions
? High Organic Content in Surface Layer in Sandy Soil
? Organic Streaking in Sandy Soils
® Listed on Local Hydric Soils List
N Listed on National Hydric Soils List
? Other (explain in remarks)
Remarks:
Wetland Determination Yes No
(circle yes or no)
Hydrophytic Vegetation Present? N ?
Wetland Hydrology Present? N ?
Hydric Soils Present? ® ?
Is This Sampling Point Within a Wetland? N ?
Remarks:
W Ldata.frm
Project/Site: SR 1306 John Bryant Rd
Applicant/Owner: NC DOT
Investigator: Heath Slaughter, Steve Roberts
Yes No
Do normal circumstances exist on the site? ?
Is the site significantly disturbed? ?
(A typical situation)?
Is the area a potential problem area? ?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species
Stratum
1.Quercus falcata Can.
2.Ilex opaca Can.
3.Leriodendron tulipifera Can.
4.Cornus florida Shrub
5.Polystichum acrost. Herb
6.
7.
8.
WETLAND DATA FORM
(1987 COE Wetlands Delineation Manual)
Date: 01/12/04
County: Caldwell
State: NC
Community ID: Harvested Hardwood Forest
Transit ID:
Plot ID:
Indicator Dominant Plant Species
FACU 9.
FACU+ 10.
FACU IL
FACU- 12.
FAC 13.
14.
15.
16.
Stratum Indicator
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 100%
Remarks:
HYDROLOGY
? Recorded Data (describe in remarks)
? Stream, Lake or Tide Gauge
? Aerial Photographs
? Other
V?f No Recorded Data Available
Field Observations:
Depth of Surface Water: NA (in.)
Depth to Free Water in Pit: NA (in.)
Depth to Saturated Soil: NA (in.)
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
? Inundated
? Saturated in Upper 12 Inches
? Water Marks
? Drift Lines
? Sediment Deposits
? Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
? Oxidized Root Channels in
Upper 12 Inches
? Water-Stained Leaves
? Local Soil Survey Data
? FAC Neutral Test
? Other (explain in remarks)
W Ldata. frm
SOILS
Map Unit Name
(Series and Phase): Pacolet fine sandy loam
Taxonomy (Subgroup): Typic Hapludults
Drainage Class: Well drained
Field Observations
Confirm Mapped Type? Yes
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-2 A 5 Y/R 4/3 fine sandy loam
2-6 BA 2.5 YR 4/6 sandy clay loam
6-12 Bt 2.5 YR 4/6 clay
Hydric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Colors
? Concretions
? High Organic Content in Surface Layer in Sandy Soil
? Organic Streaking in Sandy Soils
? Listed on Local Hydric Soils List
? Listed on National Hydric Soils List
? Other (explain in remarks)
Remarks:
Wetland Determination Yes No
(circle yes or no)
Hydrophytic Vegetation Present? ?
Wetland Hydrology Present? ?
Hydric Soils Present? ?
Is This Sampling Point Within a Wetland? ?
Remarks:
W Ldata.frm
r
WETLAND RATING WORKSHEET
(Fourth Version) .
Project Name: SR 1306 John Bryant Rd. Nearest Rd. SR 1306
County: Wilkes Wetland Area: 0.15 (acres) Wetland Width: 30 (feet)
Name of Evaluator: Heath Slaughter, Steve Roberts Date: 1/12/04
Wetland Location
? On pond or lake
? On perennial stream
® On intermittent stream
? Within intermittent stream divide
? other:
Soil Series: Chewacla
? Predominantly organi-hukmus, muck, or peat
® Predominantly mineral-non sandy
? Predominantly sandy
hydraulic Factors
? Steep topography
? Ditched or channelized
? Total wetland width > 100 feet
Adjacent Land Use
Forested/natural vegetation 60%
Agriculture, urban/sub urban 30%
Impervious surface10%
Dominant Vegetation
(1) Juncus effusus
(2) Carex sp.
(3) Festuca sp.
Flooding and Wetness
? Semipermanently to permanently
flooded or inundated
? Seasonally flooded or inundated
® Intermittantly flooded or temporary
Surface water
? No evidence of flooding or surface water
Wetland Type (select one)
? Bottomland Hardwood Forest
? Headwater Forest
? Swamp Forest
? Wet Flat
? Pocosin
? Bog Forest
? Pine Savanna
? Freshwater Marsh
? Bog/Fen
® Ephemeral Wctland
? Carolina Bay
? Other:
*The rating system cannot be applied to salt or brackish marshes or stream channels.
Rating
Water Storage
Bank/Shoreline Stabelization
Pollutant Removal
Wildlife Habitat
Aquatic Life Value
Recreation/Education
1 X 4.00 = 4
0 X 4.00 = 0 WETLAND RATING
1 X 5.00 = 5 25
1 X 2.00 = 2
3 X 4.00 = 12
2 X 1.00 = 2
*Add I point if in sensitive watershed and> 10 %nonpoint disturbanc ewithin'/2 mile upstream,
upslope, or radius.
ED
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SR 1306 JOHN BRYANT ROAD
CALDWELL COUNTY
LENGTH-0.87 MILES
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iyl 11( J
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Copyright (C) 1998, maptech, Inc.
CALDWELL COUNTY SR 1306
JOHN BRYANT ROAD
STATI ON NEW PIPE SIZE EXISTING WET PIPE. WET PIP.. CREEK SIZE
3+85 50' x 18" NO
6+00 40'x 18" NO
7+25 40'x 18" NO
10+10 40'x 18" NO
11+70 40'x 18" - Ra
14+10 40'x 18" 30' x 18" YES SEEP
19+75 40'x 18" NO
23+25 40'x 18" NO
27+90 50'x 36" 40'x 24" YES 1'
31+70 40'x 18" NO
35+10 40'x 36" 30'x 24" YES it
41+05 50'x 36" 40'x 24" YES SEEP
42+30 40'x 18" NO
44+70 40'x 36" 30'x 24" YES 2'
45+55 40'x 36" 30'x 24" YES 1'
WET DRIVEWAY PIPE
74" 15-
45+00 20'x' YES 2'
DOES NOT INCLUDE DRY DRIVEWAY PIPE
'i -n d0ro ?
4.
7 t T rn
PIPE I?N STALLA-F] ON
1. Install erosion control devices. In str°. ams, where necessary, rock silt
sc eers will be used and installed prior to pipe replacement or any
,vorl, being done to channel.
2. Remove material and existing pipe while limiting, as much as
possible, material and sediment from entering a stream and/or
escaping from project.
3. Prepare pipe foundation while again taking care to limit, as much as
possible, material and sediment from entering a stream and/or
escaping from project. Where possible, new grade will be below
existing stream bed. If needed, bedding material AU be clean stone.
4. Place the new pipe and compact backfill
5. Install slope protection on outlet and inlet ends of pipe. Also
complete installation of erosion control measures and perform
maintenance as needed on existing measure.
6. Establish permanent vegetation as soon as possible.
7. Remove rock silt screens as soon aS DOSSible after vegetation is
established- Prior to removal of rock silt screens any accumulated silt
mist be removed.
t
G-N r RAL NOTES ON EROSION CO\TTROL
Si]t Basin Type B's will 'Cl-' consL-ucted to the dime-..
feet by three feet unless othtrwise noted asion of six feet by three
on the plans.
Wlhtre slope protection treatment is required, Section 868 and Section 1042 of
titre 1990 Standard Specifications for Roads and Structures will b° followed-
Any material obtained from the project must be clean before being placed.
Generally, the order of installation of the erosion control measures wi11 b° as
follows:
Temporary Silt Basins shall b° installed b°fore clearing and
grubbing beg-ins. Silt Fences and Temporary Silt Ditches shall be installed after
clearing and before a a "
Temporary Stone Ditch Checks shall bt installed as soon as
ditchlin_ is established-
Pipe Outlet and Inlet Protection Mill be done as soon as the pipe
is installed.
Seeding and other p-=nanent erosion control measures are to be
implemented as soon as practical.
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
EROSION AND SEDIMENTATION CONTROL PLAIN
S'? 13OC,
PROJECT: 1 j(. C1 yDy9 ROAD: -5o?, ?d. COUNTY: Ca icIw
PREPARED BY: ??ati st,,, tom, DATE:
APPROVED BY:? Q DATE: 1212 3103
DISTRICT/ASST. DISTRICT ENGINEER
DATE:
ROADSIDE ENVIRONMENTAL ENGINEER
STD## DESCRIPTION
1630.03
1630.05
1605.01
1622.01
1630.01
1630.02
1633.01
1633.02
1634.01
1634.02
1635.01
1635.02
1636.01
1630.04
TEMPORARY SILT DITCH
TEMPORARY DIVERSION
TEMPORARY SILT FENCE
TEMPORARY SLOPE DRAIN
SILT BASIN TYPE-A
SILT BASIN TYPE-B
TEMPORARY ROCK SILT CHECK TYPE-A
TEMPORARY ROCK SILT CHECK TYPE-B
TEMPORARY ROCK SEDIMENT DAM TYPE-A
TEMPORARY ROCK SEDIMENT DAM TYPE-B
ROCK PIPE INLET SEDIMENT TRAP TYPE-A
ROCK PIPE INLET SEDIMENT TRAP TYPE-B
ROCK SILT SCREEN
STILLING BASIN
LLJ
1632.01
1632.02
1632.03
868.01
ROCK INLET SEDIMENT TRAP:
TYPE-A
TYPE-B
TYPE-C
RIP RAP
PIPE OUTLET ENERGY DISIPATOR _
DITCH LINER
PIPE OUTLET OR INLET STABILIZATION
T S D
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ROAD: SR I" JOHN BRYANT ROAD
COUNTY: CALWE[L
TYPE: X-SECTIONS
NOT TO SCALE SHEET I OF I DATE: 10-9-03
DISTANCE FROM DISTURBED TO CREEK BANK
3+70 25' RT.
4+00 12' RT.
+50 3' RT.
5+50 4' RT.
6+00 10' RT.
+50 11' RT.
7+00 20' RT.
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13+00 7' RT.
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14+00 5' RT.
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15+00 l2' RT.
+50 l5' RT.
16+00 l0' RT.
16+45 25' RT.
TANCE FROM DISTURBED TO CREEK BANK
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20+00 15' RT.
+50 10' RT.
21 +00 /0' RT.
+50 8' RT.
22+00 9' RT.
+50 7' RT. 010
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Top: Jurisdictional wetland adjacent to roadway near station 42+50 on SR 1306, Caldwell.
Bottom: Greenhouse placed into jurisdictional wetland by private property owner.
040120
II
WAT,RO
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Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 20, 2004
Caldwell County
DWQ Project No. 040120
SR 1306 (John Bryant Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike Pettyjohn, P.E.
Division Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659
Dear Mr. Pettyjohn:
WETLANDS 1401 GROUP
MAP 17004
You have our approval, in accordance with the attached conditions and those listed below, to impact 85 linear feet of
six (6) unnamed tributaries to Greasy Creek (40 feet of new pipe, 45 feet of riprap) and 0.09 acres of wetlands in order
to make improvements to NCSR 1306 (John Bryant Road) in Caldwell County. The project must be constructed in
accordance with the application dated January 16, 2004 (received January 21, 2004), including the environmental
commitments made in the application letter. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification No. 3404, corresponding to the U.S. Army Corps of Engineers Nationwide
Permit Number 14. In addition, you must acquire any other federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 Permit unless otherwise specified in the Water
Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ in writing and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts
to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). For this approval to be valid you must follow the conditions listed in the attached
certification and any additional conditions listed below.
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
water standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the.North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. Any reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
23301-:%494 Phone- 828 '251 -32D,? 1 f-A;y: 829 25 ?; 452
w 1 k
Mr. Mike Pettyjohn, P.E.
February 20, 2004
Page Two
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored within six months of the date that the Division of Land Resources has
released the project.
4. Due to the presence of the 303 (d) - listed stream, NCDOT shall strictly adhere to North Carolina regulations
entitled, Design Standards in Sensitive Watersheds (15A NCAC 4B .0124 (b) and (e) only) for the entire project
corridor. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 10 days of
ground-disturbing activities to provide long-term erosion control. Erosion control matting should be used in
riparian areas instead of straw mulch.
5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
6. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site
for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of
existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwatcr sheet flow.
7. Where fish passage is present or where significant aquatic life may be present upstream (and where practicable),
culverts should be oversized and buried to prevent perched culverts. If oversized piping cannot restore aquatic life
passage by reconnecting the stream ecosystem, riprap installation should be accomplished in a manner to provide
or restore water channels downstream to help facilitate aquatic life movement.
8. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater
than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in
the culvert following installation and to provide aquatic life passage during periods of low flow. These
measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to
meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced,
and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow
through without freefalling or damming on either end of the culverts during low flow conditions, to maintain
aquatic life and/or fish passage.
9. The dimension, pattern and profile of the stream, above and below the crossing, should not be modified by
widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored
to natural geomorphic conditions.
10. Any riprap used must not interfere with aquatic life passage during low flow conditions.
11. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will
lessen the chance of altering the stream's water chemistry and causing a fish kill.
12. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
14. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other
materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate
vicinity of the culverts.
15. All work shall be performed during low flow conditions.
16. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion"
form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible
party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality
upon completion of the project NCDOT is strongly advised to send in photographs upstream and downstream of
each structure to document correct installation.
? 0
Mr. Mike Pettyjohn, P.E.
February 20, 2004
Page Three
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Ms. Cynthia Van Der Wiele at 919.733.5715 or Mr. Mike Parker of the Asheville
Regional Office at 828.251.6208.
Si
7x'j'L 12, ncerely, pa-
Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Heath Slaughter, Division 11, DEO
John Thomas, USACC Raleigh Field Office
Wetlands/401 Unit
Mike Parker, NCDWQ Asheville Regional Office
Central Files